II 

118TH CONGRESS 

2D SESSION S. 5085 

To condemn convicted felon, Joanne Chesimard, who is also known as Assata 

Shakur, and those celebrating her violent actions against New Jersey 

law enforcement members, to call for her immediate extradition or return 

to the United States from Cuba, where Ms. Chesimard is receiving 

safe haven to the United States to escape prosecution or confinement 

for criminal offenses committed in the United States, and to officially 

honor and commemorate the New Jersey law enforcement members killed 

and affected by her violent acts. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2024 

Mr. HELMY introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To condemn convicted felon, Joanne Chesimard, who is also 

known as Assata Shakur, and those celebrating her violent actions against New Jersey law enforcement members, to call for her immediate extradition or return 

to the United States from Cuba, where Ms. Chesimard 

is receiving safe haven to the United States to escape 

prosecution or confinement for criminal offenses committed in the United States, and to officially honor and 

commemorate the New Jersey law enforcement members 

killed and affected by her violent acts. 


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•S 5085 IS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Trooper 

5 Werner Foerster Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 

8 (1) Joanne Chesimard, who is on the Federal 

9 Bureau of Investigation’s list of Most Wanted Ter10 rorists, is believed to be receiving safe haven in Cuba 

11 to escape confinement for criminal offenses com12 mitted in the United States. 

13 (2) On May 2, 1973, Ms. Chesimard and 2 ac14 complices opened fire on 2 New Jersey State troop15 ers during a motor vehicle stop. Ms. Chesimard and 

16 her accomplices wounded State trooper James Har17 per and executed State Trooper Werner Foerster at 

18 point-blank range. 

19 (3) After a 6-week trial in March 1977, Ms. 

20 Chesimard was found guilty of first-degree murder 

21 and sentenced to life imprisonment. On November 2, 

22 1979, Ms. Chesimard, aided by armed individuals 

23 posing as visitors, escaped from what is now the 

24 Edna Mahan Correctional Facility for Women and 

25 fled to Cuba. 


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1 (4) The Treaty Between the United States and 

2 Cuba for the Mutual Extradition of Fugitives from 

3 Justice, done at Washington, DC, April 6, 1904 (33 

4 Stat. 2265), and the Additional Extradition Treaty 

5 Between the United States and Cuba, done at Ha6 vana, Cuba January 14, 1926 (44 Stat. 2392), con7 stitute bilateral extradition treaties between the 

8 United States and Cuba. 

9 (5) The Government of Cuba has previously re10 turned fugitives from the United States, including— 

11 (A) Jesse James Bell, a United States cit12 izen wanted on 15 drug charges who was re13 turned to the United States in January 2002; 

14 (B) Leonard B. Auerbach, a United States 

15 citizen wanted on Federal child sex crimes 

16 charges who was returned to the United States 

17 in June 2008; and 

18 (C) James Ray III, a United States citizen 

19 and New Jersey resident accused of murdering 

20 his girlfriend, who was returned to the United 

21 States in November 2018. 

22 (6) The refusal of the Government of Cuba to 

23 extradite or otherwise render Joanne Chesimard— 

24 (A) is a deplorable example of a failure to 

25 extradite or otherwise render; and 


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1 (B) has caused ongoing suffering and 

2 stress to Mr. Foerster’s surviving family and 

3 friends. 

4 SEC. 3. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

6 (1) Joanne Chesimard is receiving safe haven in 

7 Cuba to escape prosecution or confinement for crimi8 nal offenses committed in the United States and 

9 must be extradited or returned immediately to the 

10 United States, consistent with the Government of 

11 Cuba’s obligations pursuant to its extradition trea12 ties with the United States; 

13 (2) the Secretary of State and the Attorney 

14 General should leverage all appropriate diplomatic 

15 and policy tools to secure the timely extradition or 

16 return of Mr. Chesimard from Cuba to face justice 

17 in the United States; and 

18 (3) New Jersey law enforcement officers, in19 cluding Trooper Werner Foerster, should be offi20 cially honored and commemorated for their public 

21 service and ultimate sacrifice while protecting and 

22 safeguarding New Jersey communities. 


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1 SEC. 4. ANNUAL REPORT AND DETERMINATION ON FUGI2 TIVES FROM THE UNITED STATES IN CUBA. 

3 (a) IN GENERAL.—The Secretary of State, in coordi4 nation with the Attorney General, shall raise the issue of 

5 fugitives from the United States receiving safe haven in 

6 Cuba as part of bilateral conversations with the Govern7 ment of Cuba. 

8 (b) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, and annually thereafter until 

10 the date specified in subsection (c), the Secretary of State 

11 shall submit a report to the Committee on Foreign Rela12 tions of the Senate and the Committee on Foreign Affairs 

13 of the House of Representatives that— 

14 (1) identifies steps taken by the Department of 

15 State to advance efforts to secure the extradition or 

16 return of Joanne Chesimard and other fugitives 

17 from the United States who are residing in Cuba; 

18 (2) includes a determination as to whether the 

19 Government of Cuba is actively fulfilling its obliga20 tions under relevant bilateral extradition treaties be21 tween the United States and Cuba; and 

22 (3) to the extent feasible, includes an estimate 

23 of the number of fugitives from the United States 

24 who are receiving safe haven in Cuba. 

25 (c) SUNSET.—The Secretary of State is not required 

26 to submit the report described in subsection (b) after the 


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1 date on which the Secretary submits a second consecutive 

2 annual report under such subsection that includes a deter3 mination that the Government of Cuba— 

4 (1) is actively fulfilling its extradition obliga5 tions; and 

6 (2) is returning fugitives of the United States 

7 who are residing in Cuba. 

Æ 


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